Must We Provide Notice Before Discontinuing Matching Contributions Under Our 401(k) Plan?
QUESTION: Our company sponsors a 401(k) plan and currently matches participants’ elective deferrals. Due to financial difficulties, however, management has …
Can Our Company Require a Third-Party EAP Vendor to Provide Us With Reports on Employees Undergoing Mandatory Drug Counseling?
QUESTION: Our company’s policy dictates that an employee whose drug test is positive must complete mandatory drug counseling under a …
In Dispute Over Deceased Participant’s 401(k) Plan Benefits, Clear Plan Documents Fulfill Fiduciary Duty
LeBoeuf v. Entergy Corp., 2025 WL 1262414 (5th Cir. 2025) Available at https://www.ca5.uscourts.gov/opinions/unpub/24/24-30583.0.pdf Following a 401(k) plan participant’s death, his …
Agencies Announce Reconsideration and Nonenforcement of 2024 Mental Health Parity Regulations
Statement of U.S. Departments of Labor, Health and Human Services, and the Treasury Regarding Enforcement of the Final Rule on …
Does the DOL Have a Program for Correcting 401(k) Plan ERISA Mistakes?
QUESTION: I know the IRS has a correction program for certain retirement plan errors. Since retirement plans are subject to …
IRS Announces 2026 HSA and EBHRA Contribution Limits, HDHP Minimum Deductibles, and HDHP Out-of-Pocket Maximums
Rev. Proc. 2025-19 (May 1, 2025) Available at https://www.irs.gov/pub/irs-drop/rp-25-19.pdf The IRS has released the 2026 cost-of-living adjusted limits for health …
Can an Employee Make a Midyear Cafeteria Plan Election Change on Account of Financial Hardship?
QUESTION: One of our employees elected to contribute $2,000 to his health FSA for 2025 to help pay for anticipated …
Supreme Court Eases Path for Participants to Challenge ERISA Prohibited Transactions
Cunningham v. Cornell Univ., 2025 WL 1128943 (U.S. 2025) Available at https://www.supremecourt.gov/opinions/24pdf/23-1007_h3ci.pdf A group of current and former participants in …
Challenge to Use of Automated Algorithm in Benefit Decisions Allowed to Proceed
Kisting-Leung v. Cigna Corp., 2025 WL 958389 (E.D. Cal. 2025) A group of participants in different employer-sponsored health plans brought …
Court Dismisses PBM Expenses Lawsuit, but Expresses Sympathy for Participants
Navarro v. Wells Fargo, 2025 WL 897717 (D. Minn. 2025) Available at https://www.govinfo.gov/content/pkg/USCOURTS-mnd-0_24-cv-03043/pdf/USCOURTS-mnd-0_24-cv-03043-0.pdf A group of former participants in a …